Corner Office: Employee Privacy Rights
July 31 -- While doing the laundry you find a note in your son's pocket that suggests he may be using drugs. Do you ignore it? Do you ask him about it when he gets home? Or do you rush to his room and search for evidence? What if instead of a note you find a permit to buy a gun?
The answers aren't easy. If you ignore the evidence someone could get hurt, or worse. Your son's grades, reputation and health are at risk. But if you search his room you risk shattering his trust in you and undercutting any willingness he might have to discuss difficult topics with you. Unfortunately, these are dilemmas faced by parents every day.
Managers face them, too. On the one hand you have a responsibility to protect employees and company property, including equipment, data and money. But getting results demands communication, and employees are less likely to talk with someone they don't trust.
Surveillance in the Workplace
The issue is further complicated by the fact that the workplace privacy issue is far from crystal clear. All of us struggle with where the right to privacy begins and where it ends because there is no single authority on the topic. There isn't a single word in the U.S. Constitution about privacy, yet the Supreme Court has ruled there is a "penumbra" of rights that address the issue. Yet because the Constitution restricts government action, decisions on privacy rights in the workplace involving the Constitution apply mostly to federal employees. That hasn't stopped many states from including guarantees to privacy in their constitutions that apply to private employers. And privacy standards have been shaped by state and federal statutes and regulations and by court decisions.
By now that may sound like enough to send you running from the room. But stay with us, because there are ways to balance employees' right to privacy with your rights to protect people and your company's assets.
Taking Action
Establish expectations. Ironically, the less your employees expect privacy the less likely you are to have a problem. Practically speaking, low expectations mean employees are not disappointed or surprised by their employer's actions. Low expectations also provide the legal defense often needed if there is a lawsuit. Employee handbooks, job application forms, written policies and contracts should all carefully set forth your right to inspect, search, test and check for illegal substances and objects, illegal activity, and improper use of company equipment (including computers, telephones, desks, lockers, locks and e-mail) consistent with applicable laws.
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